RUIN BY PROCESS
In every country there is always the to-and-fro battle between the adherents of process and those who love justice and right, between the bureaucrats and the public servants, between those lust to be masters of the State and those who love to serve it, between those who invent and manipulate systems and those who walk the straight path, between the false accusers and the lovers of truth.
The lesson of history is that when the first sort gain the upper hand the State is on an infernal downward path to self-destruction.
It is a dismaying fact that in New Zealand, process is now winning. From the lowliest bureaucrat to the Supreme Court, process rules. Look for example at that Court's rules at legislation.govt.nz to see how many obstacles have been put in the way of getting justice and right--even signed into law by the Chief Justice acting as Administrator in place of the Governor-General (which is like the captain of one cricket team also writing rule-book and acting as umpire). There, the usual process will usually deny plaintiffs a public hearing, and a single judge in a lower court can with a process-ruling make higher appeal impossible. Injustice can thus be hidden, very easily.
The seven great Constitutional Enactments enshrined in Schedule 1 of our Imperial Laws Application Act 1988 are little-known, and are being ignored and trashed wholesale. Yet they are the only protection in law that we the common people have against unjust,wrong-headed process. They were set down for us by wise Royalty centuries ago; all our laws and history rest on them; to evade them, to set them at nought, to trash them is the ultimate corruption.
The fact that those enactments were originally enacted by Royalty may upset the republicans, who want us to be on the track to a Bush and a Trump, but if they had not been enacted none of us would be here. It was on those great laws that England became great, then Great Britain, then the greatest empire the world has ever known, which touched 171 countries, including New Zealand. Whatever people might think of that, that is the history of the world. Billions of people would not exist if those Royal enactments had not been made. And English would not be the world language. For New Zealand, they are the foundation of our history and all our law. If they had never existed Cook would not have set sail in 1769 and claimed this land for the British Crown. Those greate enactments began on June the 15th 1215 in Magna Carta. From that later arose our seven Constitutional Enactments, dated 1275, 1297, 1351, 1354, 1368, 1627 and 1688. The last is the 1688 Bill of Rights Act, and therefore New Zealand has two Bills of Rights Acts, the 1688 one signed by King William III and Queen Mary II, and the New Zealand Bill of Rights Act 1990.
Constitutional laws are, by definition, paramount. For the Court of Appeal, now backed by the Supreme Court, to rule them not paramount is outrageous.
It should infuriate every true-born New Zealander that our Constitutional Enactments have been so hubristically destroyed. Our birthright has been taken from us, by iniquitous process, behind closed doors. And, even worse, the worst example of it has been done in our Courts.
It is doubly sad that the Consitutional Enactments are not not being taught in schools. They should be; over and over and over again. Everyone should know our most fundamental rights. The Consitutional Enactments in the Imperial Laws Application Act 1988 should be known far better than the Privacy Act 1993 and the Human Rights Act 1993, and should be held far higher. To trash them is like murdering your parents and all your ancestors, and it puts us on the downward path.
It is particularly corrupt for New Zealand Courts to evade and set at nought the heart of two of our greatest Constitutional Enactments, the Second and the Fifth. Because in the Second there is a great promise made to everyone--'We will not deny or defer to any man either justice or right--and in the Fifth there is a great dictate, that whatever emanates from ‘false accusers’ is 'void in law and holden for error.' To trash that promise is downright evil, and to trash that dictate is to give open slather to the corruption of process and thus a free hand to all those who, as the Fifth says, act for 'singular benefit not for the profit of ... the people'.
The Fifth Constitutional Enactment is very right. Process-and-title is always about 'singular benefit'--about the rank abuse of rank, rule by and for process and title not by and for justice and right. That corruption cares nothing for those whom Winston Churchill called 'the people who toil and moil.' And in a speech to the Canadian Parliament during the Second World War he said, 'Public men are proud to be servants of the State and would be ashamed to be its masters.' But the adherents of process, the bureaucrats, the rank abusers of rank, know no shame. In their shameless vanity and arrogant stupidity they are destroying our country, bit by bit.
In every country there is always the to-and-fro battle between the adherents of process and those who love justice and right, between the bureaucrats and the public servants, between those lust to be masters of the State and those who love to serve it, between those who invent and manipulate systems and those who walk the straight path, between the false accusers and the lovers of truth.
The lesson of history is that when the first sort gain the upper hand the State is on an infernal downward path to self-destruction.
It is a dismaying fact that in New Zealand, process is now winning. From the lowliest bureaucrat to the Supreme Court, process rules. Look for example at that Court's rules at legislation.govt.nz to see how many obstacles have been put in the way of getting justice and right--even signed into law by the Chief Justice acting as Administrator in place of the Governor-General (which is like the captain of one cricket team also writing rule-book and acting as umpire). There, the usual process will usually deny plaintiffs a public hearing, and a single judge in a lower court can with a process-ruling make higher appeal impossible. Injustice can thus be hidden, very easily.
The seven great Constitutional Enactments enshrined in Schedule 1 of our Imperial Laws Application Act 1988 are little-known, and are being ignored and trashed wholesale. Yet they are the only protection in law that we the common people have against unjust,wrong-headed process. They were set down for us by wise Royalty centuries ago; all our laws and history rest on them; to evade them, to set them at nought, to trash them is the ultimate corruption.
The fact that those enactments were originally enacted by Royalty may upset the republicans, who want us to be on the track to a Bush and a Trump, but if they had not been enacted none of us would be here. It was on those great laws that England became great, then Great Britain, then the greatest empire the world has ever known, which touched 171 countries, including New Zealand. Whatever people might think of that, that is the history of the world. Billions of people would not exist if those Royal enactments had not been made. And English would not be the world language. For New Zealand, they are the foundation of our history and all our law. If they had never existed Cook would not have set sail in 1769 and claimed this land for the British Crown. Those greate enactments began on June the 15th 1215 in Magna Carta. From that later arose our seven Constitutional Enactments, dated 1275, 1297, 1351, 1354, 1368, 1627 and 1688. The last is the 1688 Bill of Rights Act, and therefore New Zealand has two Bills of Rights Acts, the 1688 one signed by King William III and Queen Mary II, and the New Zealand Bill of Rights Act 1990.
Constitutional laws are, by definition, paramount. For the Court of Appeal, now backed by the Supreme Court, to rule them not paramount is outrageous.
It should infuriate every true-born New Zealander that our Constitutional Enactments have been so hubristically destroyed. Our birthright has been taken from us, by iniquitous process, behind closed doors. And, even worse, the worst example of it has been done in our Courts.
It is doubly sad that the Consitutional Enactments are not not being taught in schools. They should be; over and over and over again. Everyone should know our most fundamental rights. The Consitutional Enactments in the Imperial Laws Application Act 1988 should be known far better than the Privacy Act 1993 and the Human Rights Act 1993, and should be held far higher. To trash them is like murdering your parents and all your ancestors, and it puts us on the downward path.
It is particularly corrupt for New Zealand Courts to evade and set at nought the heart of two of our greatest Constitutional Enactments, the Second and the Fifth. Because in the Second there is a great promise made to everyone--'We will not deny or defer to any man either justice or right--and in the Fifth there is a great dictate, that whatever emanates from ‘false accusers’ is 'void in law and holden for error.' To trash that promise is downright evil, and to trash that dictate is to give open slather to the corruption of process and thus a free hand to all those who, as the Fifth says, act for 'singular benefit not for the profit of ... the people'.
The Fifth Constitutional Enactment is very right. Process-and-title is always about 'singular benefit'--about the rank abuse of rank, rule by and for process and title not by and for justice and right. That corruption cares nothing for those whom Winston Churchill called 'the people who toil and moil.' And in a speech to the Canadian Parliament during the Second World War he said, 'Public men are proud to be servants of the State and would be ashamed to be its masters.' But the adherents of process, the bureaucrats, the rank abusers of rank, know no shame. In their shameless vanity and arrogant stupidity they are destroying our country, bit by bit.
